Wrongly Convicted Database Record

 

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Pius ArapMaina

 

Charge:

Attempted defilement of a minor

Sentence:

10 years

Years Imprisoned:

5

Year Crime:

2008

Year Convicted:

2008

Year Cleared:

2013

U.S. State or Country of Crime:

Kenya

County or Region of Crime:

Keiyo

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Pius ArapMaina was wrongly convicted in 2008 of attempting to defile a 17-year-old girl in the Keiyo district of Kenya on March 4, 2008. ArapMaina's prosecution was based on the allegation that he attempted to defile the girl who he wanted to date. There was no corroborating evidence for her claim. ArapMaina's defense was that he only put his hand on her waist and told her he loved her. Following a bench trial, the judge convicted ArapMaina in the 'she said, he said' case. ArapMaina was sentenced to 10 years in prison. ArapMaina was granted leave to appeal on Octobe 27, 2011. His appeal raised seven grounds. On October 25, 2013 the High Court of Kenya at Eldoret reversed ArapMaina's conviction based on the prosecution's failure to present sufficient evidence to prove his guilt beyond a reasonable doubt. The appeals court ruled no crime was committed because attempted defilement requires an attempt to penetrate a person, and the evidence established that ArapMaina only touched the 17-year-old girl's waist and told her he loved her."

Conviction Caused By:

Innocence Proved By:

"On October 25, 2013 the High Court of Kenya at Eldoret reversed ArapMaina's conviction based on the prosecution's failure to present sufficient evidence to prove his guilt beyond a reasonable doubt. The appeals court ruled no crime was committed because attempted defilement requires an attempt to penetrate a person, and the evidence established that ArapMaina only touched the 17-year-old girl's waist and told her he loved her."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Pius ArapMaina v. Republic of Kenya, Crim. Appeal No. 247 of 2011 (High Court of Kenya at Eldoret, 10-25-2013) (Reversing conviction based on insufficient evidence because all the defendant did was touch the 17-year-old girls waist and tell her he loved her.)"

Information Location 1:

http://kenyalaw.org/caselaw/cases/view/9170

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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